BEFORE THE

U.S. DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

_____________________________________

Application of )

)

 US AIRWAYS, INC. )

) Docket DOT-OST-2009-0261

for an Exemption )

Pursuant to 49 U.S.C. § 40109 )

_____________________________________ )

APPLICATION OF US AIRWAYS, INC.

FOR RENEWAL OF AN EXEMPTION

(United States – Points Worldwide)

Communications with respect to this document should be sent to:

Howard Kass

Vice President, Legal and Government Affairs

Benjamin T. Slocum

Director, Legal and Government Affairs

US Airways, Inc.

1401 H Street, NW, Suite 1075

Washington, DC 20005

(202) 326-5153 

howard.kass@usairways.com

benjamin.slocum@usairways.com

September 12, 2013
1

BEFORE THE

U.S. DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

_____________________________________

Application of )

)

 US AIRWAYS, INC. )

) Docket DOT-OST-2009-0261

for an Exemption )

Pursuant to 49 U.S.C. § 40109 ) September 12, 2013

_____________________________________ )

APPLICATION OF US AIRWAYS, INC.

FOR RENEWAL OF AN EXEMPTION

(United States – Points Worldwide)

Pursuant to 49 U.S.C. § 40109 and Subpart C of the Department’s Rules of 

Practice (14 C.F.R. Part 302), US Airways, Inc. (“US Airways”) applies for renewal of its 

exemption authority to engage in scheduled foreign air transportation of persons, 

property, and mail between points in the United States and points worldwide on a thirdcountry codeshare basis, pursuant to its codeshare arrangement with the TACA Group 

air carriers (“TACA Group”).

1

 

In support of this renewal application, US Airways respectfully states as follows:

1. US Airways is a Delaware corporation with its principal office at 111 West 

Rio Salado Parkway, Tempe, Arizona 85281.

 1 The TACA Group carriers and their homelands are: TACA International Airlines, S.A. (“TACA”) – El 

Salvador; Lineas Aereas Costarricenses, S.A. (“LACSA”) – Costa Rica; AVIATECA S.A. – Guatemala; 

and Trans American Airlines, S.A. d/b/a TACA Peru (“TACA Peru”) – Peru. US Airways maintains 

separate authority covering its codeshare arrangement with the TACA Group’s sister carrier Aerovías del 

Continente Americano, S.A. (“Avianca”). (See DOT Order 2007-4-20, April 18, 2007, Dockets DOT-OST2005-22228 and -22578 (Blanket Open Skies Route Authority) and Notice of Action Taken, November 16, 

2012, Docket DOT-OST-2012-0155.)
Application of US Airways for Renewal of an Exemption 

(United States –Worldwide Third-Country Codesharing)

2

2. US Airways is a citizen of the United States within the meaning of 49 

U.S.C. § 40102(a)(15)(C) and is fit, willing, and able to provide the services 

contemplated by this renewal application. US Airways holds various certificates of 

public convenience and exemption authorities. (See, e.g., DOT Order 2007-4-20, April 

18, 2007, Dockets OST-2005-22228 and OST-2005-22578 (Blanket Open-Skies Route 

Authority); Notice of Action Taken, July 29, 2013, Docket DOT-OST-2002-12259

(United States – Belize).) Pursuant to Rule 24 of the Department’s Rules of Practice, 

US Airways requests that the Department take official notice of all information 

previously filed to establish US Airways’ fitness. 

3. By Notice of Action Taken (November 10, 2011), the Department granted 

US Airways a two-year exemption from 49 U.S.C. § 41101 to engage in “[s]cheduled 

foreign air transportation of persons, property, and mail between points in the United 

States and points worldwide on a third-country code-share basis pursuant to its 

arrangement with the TACA Group carriers.” (Docket DOT-OST-2009-0261.)

4. US Airways provides scheduled air service pursuant to a codeshare 

arrangement with TACA, LACSA, and TACA Peru. TACA, LACSA, and TACA Peru 

hold a statement of authorization “to display US Airways’ “US” designator code on 

flights operated either for themselves or for other TACA Group carriers2 in conjunction 

with foreign air transportation of persons, property and mail: (a) between any point or 

 2 “The TACA Group holds blanket wet lease authority from the Department. See Department Action on 

Application in Docket DOT-OST-2000-8342, dated December 1, 2000. Pursuant to this approval... 

TACA, TACA Peru, and LACSA occasionally wet lease aircraft to one another as well as to other carriers 

of the TACA Group. TACA, TACA Peru and LACSA will display the “US” code on flights they operate for 

themselves as well as those operated under wet lease for other TACA Group carriers. The “US” 

designator code will not be displayed on flights operated by TACA Group carriers other than TACA, 

LACSA, and TACA Peru until each such carrier obtains its own statement of authorization.” (Notice of 

Action Taken, November 12, 2009, Docket DOT-OST-2009-0261, fn4.)
Application of US Airways for Renewal of an Exemption 

(United States –Worldwide Third-Country Codesharing)

3

points in the United States and any point or points in El Salvador, Costa Rica, 

Guatemala, Nicaragua, Honduras, or Peru (on a nonstop basis or via intermediate 

points); (b) between points in the United States; (c) between points in El Salvador, 

Costa Rica, Guatemala, Nicaragua, Honduras, or Peru; (d) beyond El Salvador, Costa 

Rica, Guatemala, Nicaragua, Honduras, or Peru to any point or points; and (e) beyond 

the United States to any point or points.” (Notice of Action Taken, November 12, 2009, 

Docket DOT-OST-2009-0261.)

5. The Department has previously determined that the exemption authority 

sought in this renewal application is consistent with the aviation agreements between 

the United States and the homelands of the TACA Group. (See Notice of Action Taken, 

November 10, 2011, Docket DOT-OST-2009-0261.)

6. Pursuant to 14 C.F.R. § 377.10, US Airways intends to rely on the 

Administrative Procedure Act, 5 U.S.C. § 558(c) implemented by Part 377, to continue 

in effect its current exemption pending a final determination on this renewal application. 

US Airways’ current exemption authority to engage in scheduled foreign air 

transportation of persons, property, and mail between points in the United States and 

points worldwide on a third-country codeshare basis, pursuant to its codeshare 

arrangement with the TACA Group air carriers is effective through November 10, 2013. 

Accordingly, this renewal application is timely filed under the provisions of Part 377.
Application of US Airways for Renewal of an Exemption 

(United States –Worldwide Third-Country Codesharing)

4

WHEREFORE, US Airways respectfully requests that the Department renew its 

exemption authority to engage in scheduled foreign air transportation of persons, 

property, and mail between points in the United States and points worldwide on a thirdcountry codeshare basis, pursuant to its codeshare arrangement with the TACA Group, 

as discussed herein.

Respectfully submitted,

___________________________

Howard Kass

Vice President, Legal and Government Affairs

Benjamin T. Slocum

Director, Legal and Government Affairs

US Airways, Inc.

1401 H Street, NW, Suite 1075

Washington, DC 20005

(202) 326-5153 

howard.kass@usairways.com

benjamin.slocum@usairways.com

September 12, 2013
CERTIFICATE OF SERVICE

I certify that, on September 12, 2013, I caused to be served a copy of the foregoing 

Application of US Airways, Inc. for Renewal of Exemption Authority by email upon those 

addressees listed below:

urskr@state.gov (Department of State)

esta.rosenberg@dot.gov (Department of Transportation)

brian.hedberg@dot.gov (Department of Transportation)

todd.homan@dot.gov (Department of Transportation)

peter.irvine@dot.gov (Department of Transportation)

vanessa.balgobin@dot.gov (Department of Transportation)

brett.kruger@dot.gov (Department of Transportation)

john.allen@faa.gov (Federal Aviation Administration)

dan.weiss@united.com (United)

steve.morrissey@united.com (United)

karine.faden@united.com (United)

francis.heil@aa.com (American)

robert.wirick@aa.com (American)

sascha.vanderbellen@delta.com (Delta)

jhill@dowlohnes.com (Counsel for JetBlue and Hawaiian)

perkmann@dowlohnes.com (Counsel for JetBlue and Hawaiian)

robert.land@jetblue.com (JetBlue)

msinick@ssd.com (Counsel for Alaska)

jyoung@yklaw.com (Counsel for Spirit)

dkirstein@yklaw.com (Counsel for Spirit)

bob.kneisley@wnco.com (Southwest)

leslie.abbott@wnco.com (Southwest)

ethan.blank@rjet.com (Republic)

robert.cohn@hoganlovells.com (Counsel for Republic)

patrick.rizzi@hoganlovells.com (Counsel for Republic)

john.fredericksen@suncountry.com (Sun Country)

rpommer@atlasair.com (Atlas)

anita.mosner@hklaw.com (Counsel for UPS)

jennifer.nowak@hklaw.com (Counsel for UPS)

cefelts@fedex.com (FedEx)

nssparks@fedex.com (FedEx)

kevin.montgomery@polaraircargo.com (Polar)

_______________________

Benjamin T. Slocum